This Two Way NDA template is designed for use in New Zealand business contexts where parties need to exchange confidential information while ensuring mutual protection. It is particularly suitable for business negotiations, potential partnerships, joint ventures, or any situation where sensitive commercial, technical, or proprietary information needs to be shared between parties. The agreement complies with New Zealand legal requirements, including the Privacy Act 2020 and Contract and Commercial Law Act 2017, and provides robust protection for both parties' confidential information through reciprocal obligations. It includes essential provisions for defining confidential information, permitted uses, security requirements, and enforcement mechanisms under New Zealand law.
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1. Parties: Identification of both parties entering into the NDA
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives'
4. Confidentiality Obligations: Core mutual obligations regarding protection and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and as required by law
6. Security Measures: Required procedures and safeguards for protecting confidential information
7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination
8. Term and Termination: Duration of the agreement and termination provisions
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Clarifies ownership and rights in any IP disclosed under the agreement - include when IP-sensitive information will be shared
2. Privacy Compliance: Specific obligations regarding personal information under the Privacy Act 2020 - include when personal data will be shared
3. Residual Knowledge: Provisions regarding use of non-confidential knowledge retained in memory - include for technology or consulting-related NDAs
4. Competition Restrictions: Non-compete or non-solicitation provisions - include when business-sensitive information creates competitive risks
5. Electronic Storage: Specific provisions for digital storage and security - include when information will be shared electronically
6. International Transfer: Provisions for cross-border information sharing - include when parties are in different jurisdictions
1. Schedule 1 - Confidential Information: Detailed description or categories of information covered by the NDA
2. Schedule 2 - Permitted Purpose: Detailed description of the permitted uses of the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures required for protecting the information
4. Schedule 4 - Authorized Representatives: List of individuals or roles authorized to receive the confidential information
Relevant legal definitions
Confidential Information
Representatives
Permitted Purpose
Disclosing Party
Receiving Party
Agreement
Business Day
Effective Date
Personal Information
Affiliate
Authorized Recipients
Confidential Materials
Disclosed
Electronic Form
Excluded Information
Force Majeure Event
Information Security Standards
Intellectual Property Rights
Notice
Related Company
Security Breach
Term
Third Party
Trade Secrets
Working Hours
Representatives
Permitted Purpose
Disclosing Party
Receiving Party
Agreement
Business Day
Effective Date
Personal Information
Affiliate
Authorized Recipients
Confidential Materials
Disclosed
Electronic Form
Excluded Information
Force Majeure Event
Information Security Standards
Intellectual Property Rights
Notice
Related Company
Security Breach
Term
Third Party
Trade Secrets
Working Hours
Clauses
Confidentiality
Permitted Use
Information Protection
Return of Information
Permitted Disclosure
Term and Termination
Breach and Remedies
Governing Law
Intellectual Property
Privacy
Security Measures
Notice Requirements
Assignment
Severability
Entire Agreement
Variation
Force Majeure
Costs
Counterparts
Third Party Rights
Dispute Resolution
Survival
Indemnification
No License
Compliance with Laws
Permitted Use
Information Protection
Return of Information
Permitted Disclosure
Term and Termination
Breach and Remedies
Governing Law
Intellectual Property
Privacy
Security Measures
Notice Requirements
Assignment
Severability
Entire Agreement
Variation
Force Majeure
Costs
Counterparts
Third Party Rights
Dispute Resolution
Survival
Indemnification
No License
Compliance with Laws
Relevant Industries
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Retail
Research and Development
Education
Telecommunications
Energy
Real Estate
Construction
Media and Entertainment
Biotechnology
Legal Services
Relevant Teams
Legal
Executive
Business Development
Research and Development
Human Resources
Finance
Operations
Information Technology
Procurement
Strategy
Innovation
Compliance
Commercial
Corporate Development
Risk Management
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Business Development Manager
Project Manager
Legal Counsel
Commercial Manager
Research Director
Product Manager
Operations Manager
Human Resources Director
Investment Manager
Procurement Manager
Strategic Partnership Manager
Innovation Director
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